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Criminal Immigration Issues Dealing with INS and other related issues.

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  #1  
Old 05-27-2003, 03:25 PM
Carlos's_Lady Carlos's_Lady is offline
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Unhappy Marrying an inmate

My fiancee gets out in three months and I'm wondering if us getting married here in the U.S. opposed to a wedding in Mexico will keep him from being deported.
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Old 05-27-2003, 04:21 PM
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Where is your citizenship and where is his?
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Old 05-27-2003, 04:33 PM
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Even if you are a citizen and marry while he is here he may still be deported. You will need to do some research and possibly make phone calls. Good luck!
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  #4  
Old 09-20-2003, 03:34 PM
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hi i was just wondering if u (carlos' girl) came up with any answers. i'm kinda in the same situation.
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Old 10-06-2003, 06:31 PM
Carlos's_Lady Carlos's_Lady is offline
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Hello everyone, I'm finally back! My Carlos has been out for a month now and so far so good. He has been absolutely wonderful. We are going to be living in Monterrey, Mexico and I have to say I love it. Honeyangel: I am sorry sweetie, I really didn't find out much about the subject on marrying to prevent deportation. Personally, me and Carlos have decided to just go ahead and have our wedding in Mexico. It involves a bit of paperwork since I'm a U.S. citizen I'm told but it will be well worth it. Thanks again for everyone's support and kindness in the months prior to Carlos's release. I don't know what I would have done without the support I found here. God Bless and Happiness to everyone.
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  #6  
Old 10-06-2003, 07:11 PM
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well that's great news. i'm happy u get to be with him. did they deport him or did he do that voluntary thing? btw do u know spanish? if my guy gets send back to mexico i was wondering how hard it is to live there with little knowledge of the language.
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Old 04-25-2005, 10:11 PM
trayday22 trayday22 is offline
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I don't think that getting married to someone will allow him to stay in the country. My husband and I have been married for 3 and half years and we have a son together who is also a citizen. His Mother and sisters all live in the states and have become citizens as well. He even served in the Military for 4 years with an honorable discharge. And as far as I know they have an immigration hold on him for when his sentence is over.
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Old 08-20-2005, 02:40 AM
casenova casenova is offline
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I Need Help My Man Is Being Deported To Mexico And I Want To Try And Stop It Anyone Have Any Advice
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Old 08-22-2005, 08:38 PM
shrekney shrekney is offline
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Trayday, sometimes there are ways to get citizenship after serving in the military that avoids some of the redtape. So, he may be able to avoid deportation on that grounds, but you are right, marrying a citizen will not prevent deportation.
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Old 08-24-2005, 06:55 PM
armyeng1 armyeng1 is offline
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while serving in the military helps you to get citizenship faster and without meeting most of the qualifications, it does not prevent you from being deported as an aggravated felon. Being that I am also a veteran and have been deported. At this point the only thing that can be done is to attack the original charge on constitutional grounds. You must demand that the charges are reversed because your attorney at plea and the court failed to advise you the dire consequences of that plea.

Manny
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Old 08-25-2005, 11:49 PM
libra1523 libra1523 is offline
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I Have A Question Hopefully Someone Can Help Me. I Am A Us Citizen, My Soon To Be Husband Is Or Was A Resident But Now He Has A Hold For Deportation. He Has Been In Prison For Almost 9 Yrs. If We Get Married And His Crime Was Before 1996 Can He Still Get Deported?
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  #12  
Old 08-31-2005, 05:31 PM
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it will help him alot if you guys get married here.
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Old 11-14-2005, 10:47 PM
Alex Berd, Esq. Alex Berd, Esq. is offline
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Libra, this a very general answer (I cannot be more specific because each case is different and it depends on the conviction and many other elements):

1. If you love the person and want to get married - do it. This is your right, and nobody can take it away from you and your beloved one. Marriage ceremonies/registrations can be set up even if the person is imprisoned.

2. Even if your beloved has an INS NTA that charges him with an Aggravated Felony (AF) or Crime Involving Moral Turpitude (CIMT), don't give up - fight these charges! There are many things that can be done about the NTA, the criminal conviction, any possible defenses/waivers/relief tactics/stays of deportation/vacaturs of the conviction/appeals, etc. It is not easy, but you have to have the full picture, and know how to fight it.

3. Do yourself a favor and consult with a qualified and experienced immigration attorney. He should be a member of the American Immigration Lawyers Association (AILA). This is a voluntary organization of immigration attorneys only (no immigration representatives and notarios/consultants). Today's deportations laws and procedures are extremely complex and challenging. You must have a solid legal advice and an accurately prepared case.

4. In general, marriage to a U.S. citizen may be a very significant factor in the Immigration Judge's considerations. Certain reliefs specifically require an extreme hardship to the U.S. citizen spouse.

5. Never Give Up!

This reply is in the nature of general information, not a legal advice and should not be relied on as such.

Best regards and Good Luck,

Alex Berd, Esq.
Member of the American Immigration Lawyers Association (AILA)
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  #14  
Old 11-15-2005, 05:46 PM
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I have the same problems my boyfriend is illegal alien and is incarcerated, can anyone tell if i can marry him in jail or in states eventhough he is illegally. i dont know where or how we can get married here since the only id he has is his passport but i do have his birth certificate. i'm not sure how the process goes to get married and what he would need so we could get married. I dont know if the jail will give us problems to marry. I know he going to get deported since he has commited a felony. So i dont think the option for me to wait til he comes out to marry here would be avaible since he probably will be deported immediately after he servers time. If anyone can give me advice, and do i legally have the right to marry him while he jail even if he is illegal. i hoping since i am us citzen that i have the right to marry who i want where i want in this country. But i dont know if he needs certains paper for marriage process like does he need social security number ? any advice would help me. and also does the jail have the legal right to stop of from marrying because of his illegal status ?
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  #15  
Old 11-26-2005, 05:13 AM
Houston5304 Houston5304 is offline
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Default I agree with Alex, never give up

I too have a fiancee who is serving time now for illegal reentry. Your chances of fighting are better as my guy has over 8 of these on his record due to the fact that he was brought here at age 2 and this is all he knows as home.

We are planning to move to Mexico upon his release as I'd rather have him afree man in Mexico than imprisoned in the US.

Regarding marrying him while serving time, you must be careful in how it is positioned as with an INS hold it will be reported to INS and it may be denied. You might want to check out marriage by proxy whereby you receive the legal marriage status without a ceremony required. Note however this is not viewed as a consumated marriage in the eyes of INS until after his release and you CONSUMATE. So for INS purposes the marriage is not valid until such time.

DO go meet with a GOOD immigrations attorney. If this is his first and only issue, you have options. DONT let him get deported without some counsel as it gets harder after a deportation to turn things around.

Good luck and remember if you do really love him, then you may need to move to Mexico to be with him, at least initially. DONT let him just illegally reenter or you face the same fate Luis and I face which means little chance of ever being legally free to live as a couple in the US.

Lois
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Old 07-13-2019, 12:29 PM
Heathermartinez Heathermartinez is offline
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I too have similar situation. My fiance was pulled over after working late one evening with no license and an old warrant when they ran his name. Is the reason for the arrest. No felonys, only misdemeanor charges of driving offense. I have been with him for7 years 2 kids together and he raises 4additional children as his own from previous relationships and he's an amazing father to all 6. We are in a common law marriage now but it no longer holds any meaning. Only if there is paper trail. But I would like to move the date to now asap. To hopefully keep our family together and not in horrible hardship which is starting to occur since his arresting. Please let me know what to do next...I'm in Indiana and he was too but they've already began his removal process. He's in Boone county ky. And hasn't been in front of Uscis courts. Which should be held in Chicago which is the next stop.please help?!?..
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Old 07-13-2019, 12:52 PM
fbopnomore fbopnomore is offline
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Welcome to Prison Talk. The possibility of you getting married will depend on the rules at each jail/prison where he is being held, so be sure to have him check each time he is moved. If he is released and deported, marrying him will have to move to his home country.
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Old 08-08-2019, 06:10 PM
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If the person entered the US legally and then overstayed, usually the overstay is forgiven if married to a US citizen. Whether or not they can stay after marriage depends on what crime they committed, as some crimes, mainly violent ones, will prevent someone from becoming a permanent resident.
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